AN ACT TO PROVIDE A LIMITATION OF DAMAGES IN ANY CAUSE OR RIGHT OF ACTION ARISING OUT OF A MOTOR VEHICLE ACCIDENT, FOR SUCH INJURY OR DAMAGES OCCASIONED BY AN OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN SUCH ACCIDENT WHO FAILS TO OWN OR MAINTAIN A COMPULSORY MOTOR VEHICLE LIABILITY SECURITY; TO DEFINE THE TERM "COMPULSORY MOTOR VEHICLE LIABILITY SECURITY"; TO PROVIDE CERTAIN EXCEPTIONS TO THE LIMITATION ON DAMAGES; TO CREATE AN AFFIRMATIVE DEFENSE FOR THE LIMITATION OF RECOVERY PROVISIONS FOR CERTAIN PERSONS; TO PROVIDE THAT NOTHING IN THIS ACT SHALL PRECLUDE PASSENGER'S CLAIM TO RECOVER DAMAGES FOR INJURY, DEATH OR LOSS; TO PROVIDE FOR THE RIGHTS OF INSURERS; TO LIMIT THE EFFECTS OF ISSUANCES, CHANGES OR ADJUSTMENTS OF LIABILITY SECURITY OR INSURANCE POLICY SUBSEQUENT TO MOTOR VEHICLE ACCIDENTS; TO PROVIDE THAT THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO ANY VEHICLE WHICH IS LEGALLY PARKED AT THE TIME OF THE ACCIDENT; AND FOR RELATED PURPOSES.
SB 2736 would create a damages limitation for motor vehicle accident claims involving a driver or owner who failed to maintain the compulsory motor vehicle liability security required under Mississippi law. In those cases, the bill bars recovery of the first $25,000 of bodily injury damages and the first $25,000 of property damage arising from the accident. The measure defines the required security by reference to existing Mississippi motor vehicle insurance law and applies only to claims tied to an uninsured vehicle involved in the crash.
The bill also sets out several exceptions. The damages cap would not apply if the other driver was cited and convicted or pled nolo contendere for DUI-related conduct, intentionally caused the crash, fled the scene, or was committing a felony at the time. It also would not apply when the other vehicle was not being operated and was not in violation of the state’s parking-related provisions, and it expressly excludes legally parked vehicles from the limitation. Passengers retain the right to bring claims for their own injuries or losses, except when the passenger is also the owner of the uninsured vehicle.
If enacted, SB 2736 would amend Mississippi law governing civil recovery after motor vehicle accidents by adding a statutory limitation on damages in uninsured-motorist situations. It would create an affirmative defense for defendants sued by owners or operators of uninsured vehicles, preserve insurer subrogation rights for amounts above the first $25,000 in bodily injury and property damage, and clarify that passengers generally may still recover damages. The bill would take effect July 1, 2026, and would primarily affect uninsured drivers, accident claimants, insurers, and civil litigants in auto-accident cases.
Based on the bill text and available context, the measure appears to be framed as a tort-reform and insurance-compliance bill rather than a broadly controversial policy change. No committee transcript or vote record is available here, so there is no direct evidence of support or opposition from debate. The structure of the bill suggests a policy goal of discouraging uninsured driving while limiting recovery against uninsured motorists, with exceptions intended to preserve claims in more serious or culpable circumstances.
The main point of contention is likely the fairness of limiting recovery for injured parties when the at-fault driver lacks required insurance, especially because the bill bars the first $25,000 in both bodily injury and property damage claims. Potential critics may argue that the cap shifts losses to injured motorists and passengers, while supporters may view it as a deterrent against driving without mandatory coverage and a way to reduce litigation costs. Another likely issue is the scope of the exceptions, including the treatment of passengers, parked vehicles, and cases involving DUI, intentional conduct, flight from the scene, or felony-related driving.